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Access to Health Care

When the government acts as a gatekeeper to medical care — whether in an institutional setting or through providing public funding for medical treatment — it has an obligation to ensure that people have a fair and equal ability to access adequate treatment.

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People living with HIV/AIDS (PLWHA) frequently face barriers to accessing adequate HIV care when in state custody, including imprisonment or immigration detention. The current distribution system has a disparate impact on communities of color. There continue to be very serious racial disparities in access to treatment, rates of infection, and overall health outcomes. The government’s allocation of life-saving medical care should not perpetuate existing racial inequalities.

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The ACLU AIDS Project works to ensure that the government fulfills its obligation to provide adequate medical care to those in its custody and does not erect arbitrary barriers that prevent people from accessing life-saving care.

Additional Resources

ACLU Comments Submitted to the Secretary of Health and Human Services Regarding the Obama Administration's Revised Regulations of the Prostitution Pledge (2009 resource)

President Signs Omnibus Bill Including Major Civil Liberties Policy Advances For Washington, D.C. (2009 press release)

ACLU Blasts Ohio Correction Center for Refusing to Administer HIV Medication to Inmate (2004 press release)

ACLU LGRP Letter to Franklin County Correction Center (2004 resource)

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